The Pertinence of Flexible Employment Practices to Fatigue Related Workplace Risk in the Mining Industry

The purpose of this paper is to review recent approaches by regulators, employers and employees and their associations to the introduction of flexible employment practices and the management of fatigue related risk. More importantly, it will focus on developments in our law either through legislative change and cases which have dictated trends. The paper particularly considers the limitations imposed by occupational health and safety legislation to resist or limit the move to flexible workplace practices on the basis that such practices are unsafe.